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Administrative Relations between the Center and the States

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The administrative relations between Union and state operate in a manner that Centre’s supremacy is more than visible. During emergencies the Indian federal arrangement can be suspended and squeezed into a unitary operation. But even during normal times the Centre can descend upon the state through its powers of delegation, direction and grants in India. The provi­sions of all India services.

Inter-state councils and later State Commerce Commission establish Centre’s hegemony and writers like G.N. Singh maintain that states have been reduced to the status of municipalities. The comment may be uncharitable but Articles like 256, 246, 257 and 263 are potent weapons by which the administrative activities by states can be made to fall in line to the wishes of the Centre.

Article 256 of the Constitution specifies the respective obligations of the Union and the state governments and lays down. “The executive power of every state shall be so exercised as to ensure compliance with the laws made by the Parliament and any existing laws which apply in that state and the executive power of the Union shall extend to the giving of such direction to the state as may appear to the Government of India to be necessary for that purpose.” This Article provides that the executive authority of the state has to be so exercised that the laws made by Parliament and the existing laws of the states are properly enforced. If the state government fails to enforce such laws, the Union government can issue direction to the state government to do so.

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Article 257 makes the situation explicit when it says: “The executive power of every state shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.”

Thus, the Union government can give directions to the state governments even in areas of State List such as construction of highways, waterways, means of communications declared to be of national or military importance. The Union government can also give directions regarding the measures to be taken for the protection of railways within the boundaries of the state. In case of dispute about the quantum of the payment, it is decided by the arbitrator appointed by the Chief Justice of India.

The Centre can ensure compliance of these directions and even President’s rule may be imposed upon the state for non-compliance of the Presidential directions. Article 258 provides that Parliament may delegate powers to the state governments and their officers in so far as the statute is applicable in the respective states. Conversely, a state government with the consent of the Government of India confers administrative functions upon the later, relating to state subjects.

Then, there are three all India services common to the Union and the states and their tenure system not only makes the state administrative services junior but all top positions in state adminis­tration are manned by these all India public servants. The Union government can create more all India services if the Rajya Sabha passes a resolution by two-third majority in national interests.

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The conditions of services of persons appointed to all India services are prescribed by the Union government but their salaries, allowances and pensions are paid from the exchequers of the state governments. Here the Centre has a distinct edge over the state.

Article 275 maintains that the Parliament has the power to make grants as it may deem necessary to give financial assistance to states which is in need of such assistance. By means of the grants, the Union would be in a position to correct inter-state disparities in financial resources which are not conducive to an all-round development of the country and also to exercise control and coordination over the welfare schemes of the states on a national scale.

Besides this, general power to make grants to the states for financial assistance, the Constitution provides for specific grants for schemes of development, for welfare of Scheduled Tribes and for raising the level of administration of Scheduled Areas.

Article 263 empowers the President of India to establish inter-state council in national public interest. The council may have the duty of inquiring into and advising upon disputes which might arise between states. The President has established a Central Council of Health, a Central Council of Local Self-Government, and a Transport Development Council for the purpose of coordinating the policy of the states relating to these matters.

In fact, the primary object of an inter-state council being coordination and federal cohesion. The Sarkaria Commission has recommended the consti­tution of a permanent inter-state council which should be charged with the duties of Article 263. Such a council, consisting of six Union cabinet ministers and the chief ministers of all the states has been created in April, 1990.

Setting up of Inter-State Commerce Commission (Article 301-05) on the lines of US Independent Regulatory Commission for nationwide conduct of trade and commerce adds an administrative dimension to union-state relations. Then the Union government can and have created innumerable extra constitutional agencies such as Planning Commission, National Devel­opment Council, National Integration Council, National Security Council which go a long way in giving an upper hand to the Union government to direct the affairs of the states.

Then the mutual delegation of functions (Article 73) and immunity from mutual taxation (Article 285 and 289) ultimately work in the expansion of administrative jurisdiction of Union government in matters of the states.